Surrogacy Laws in California: Guide for Surrogates & Parents

California is one of the most surrogacy-friendly states in the United States. Its inclusive approach, favoring intended parents, and many of the legal protections surrounding surrogacy are based on case law developed in California over the last 30 years. Los Angeles attracts intended parents from around the world because the law allows legal parentage to be established before birth.

Surrogacy in California offers more than medical coordination. It gives both surrogates and intended parents legal protection, peace of mind, and clear steps forward. Intended parents have their rights clearly recognized. Surrogates feel confident moving forward, supported by laws that protect them from the start.

When Did Surrogacy Become Legal in California?

California was one of the first states to support surrogacy through court decisions. Long before formal laws were written, judges ruled that intent could matter more than biology.

Johnson v. Calvert (1993)

The case of Johnson v. Calvert (1993) confirmed that intended parents can be legally recognized in gestational surrogacy, even without a genetic or physical connection to the child. The court focused on their intent to become parents.

In re Marriage of Buzzanca (1998)

The case of In re Marriage of Buzzanca (1998) expanded on the Johnson v. Calvert ruling by confirming that legal parenthood can be established even when there is no biological link, as long as there is a valid agreement between the parties.

Together, these decisions shaped how California protects the intent of both surrogates and intended parents.

A Closer Look at California Surrogacy Law

AB 1217 and Family Code 7960

California lawmakers passed Assembly Bill 1217 (AB 1217) in 2013. This law put into writing many practices already followed by clinics and agencies. It introduced clear rules for gestational surrogacy agreements and helped standardize the process statewide.

What Does AB 1217 Require?

• Surrogacy contracts must be in writing and either notarized or witnessed.
• Both the gestational surrogate and intended parents must have independent legal counsel.
• The parties must finalize the agreement before starting any medical procedures like embryo transfers.

This law is further reinforced by California Family Code Sections 7960-7962, which:

• Define key terms such as "gestational carrier" and "assisted reproduction."
• Outline the legal steps required to establish parentage.
• Make surrogacy contracts enforceable in every California county where a child may be born.

What Are the Current Surrogacy Laws in California?

California has some of the most detailed and protective surrogacy laws in the United States. The following sections explain how these legal safeguards apply throughout the surrogacy process.

Legally Binding Agreements

If surrogacy contracts meet the requirements of AB 1217 and the Family Code, they are fully enforceable. This legal clarity benefits both surrogates and intended parents.

Pre-Birth Parentage Orders

California law recognizes intended parents before the child is born, even if they are not biologically related. A pre-birth order puts their names on the birth certificate at the time of birth, which helps ensure legal clarity from day one.

Inclusive for All Families

Surrogacy in California is open to all family types. State law protects equal access for LGBTQ+ individuals, heterosexual couples, single parents, and international parents.

Surrogacy-Friendly Courts

Courts throughout California regularly handle assisted reproduction cases and are well-versed in relevant case law. Their experience helps simplify the legal steps for intended parents and surrogates.

Thinking about becoming a surrogate? Learn more about the qualifications and steps involved on our requirements page.

California Surrogacy Requirements

Thinking about becoming a surrogate or starting your family with help from one? California law provides a clear, supportive framework for both sides of the journey. Here's what you should know before taking the first step.

Intended Parents

• Must work with an independent attorney.
• Must complete and sign a written agreement before any medical steps begin.

Surrogates (Gestational Carriers)

• Must have legal representation separate from the intended parents.
• Must provide written, informed consent before starting the process.

Curious about how surrogates are supported throughout the process? Learn more about what’s included, from medical coverage to financial compensation, on the page How Much Do Surrogates Make?

What Makes a Surrogacy Agreement Valid?

For a surrogacy agreement to hold up legally in California, a few key things must be in place:

• It should clearly explain the roles, rights, and responsibilities of both parties, including compensation.
• All parties need to sign it, and it must be notarized or witnessed.
• The agreement must be fully completed before any embryo transfer happens.

California offers structure, clarity, and equal access. The state writes precise laws, trains experienced courts, and applies a consistent process.The laws are precise, the courts are experienced, and the process is consistent.

If there is any complication, the legal system protects both intended parents and surrogates. That’s why California is the clear choice for those seeking security.

Why Choose Pacific Surrogacy and Egg Donation?

Choosing the right surrogacy agency can make all the difference. Pacific Surrogacy & Egg Donation is committed to walking both intended parents and surrogates through their journey, step by step, with clear understanding of the process.

Trusted by Families Around the World

Intended parents from Europe, Asia, the Middle East, and the Americas have trusted us to guide them through California’s surrogacy system. Many choose this path because California surrogacy friendly state policies make the process clearer, safer, and more inclusive. We take care of logistics, legal steps, and coordination so they can focus on building their family

Personal Support

PSED will remain actively involved throughout your surrogacy journey. You get clear answers and coordinated support as the process unfolds. Our team works with Tree of Life Center in Tarzana and California Fertility Clinic in Los Angeles and any other fertility provider of your choice to assist in managing your fertility care. We also connect you with legal experts and counselors when needed.

Focused on Ethics and Care

We take the time to carefully match surrogates and intended parents, because every journey deserves the right fit. Our agreements are clear, fair, and built on mutual respect. We honor the time, health, and dedication of the surrogate, while helping intended parents realize their dream of having a child. We listen with care, speak with honesty, and ensure that everyone involved feels safe, heard, and valued.

How to Begin Surrogacy in California With Legal Confidence

Every journey starts with a decision. Some people are ready to help others become parents. Others are ready to grow their own family. No matter where you are, we’ll guide you through the next step.

If you’re an intended parent ready to start the process, get in touch with us.

If you’re considering becoming a surrogate, you can apply here.

California offers more than just strong legal protections. It's a place where people from around the world find trusted support and a welcoming environment to build their families. If now feels like the right time, we’ll help you move forward with confidence and care.

Common Legal Questions About Surrogacy in California

What are the rules for surrogacy in California?

California requires a written surrogacy agreement. Both parties must have legal counsel and give signed consent before any medical procedures begin. The agreement must be clear, notarized, and completed in advance.

In California, the court must issue a Pre-Birth Order during the third trimester to legally recognize the intended parents before the child is born. This order ensures that their names appear directly on the birth certificate. It also establishes that the surrogate has no parental rights or responsibilities. The Pre-Birth Order provides legal clarity and protects the rights of all parties involved. It is a key step in securing a smooth and safe transition at birth for the intended parents and the baby.

Is California a surrogacy friendly state?

Yes. California is one of the most surrogacy friendly states in the United States. Courts follow a clear legal structure and support pre-birth parentage. This means intended parents are the legal parents from birth, and their names appear directly on the birth certificate. The surrogate has a vital role in carrying the pregnancy, but she is never designated as the legal mother. California law supports all family types and ensures legal clarity, protection, and respect for everyone involved.

Is compensated surrogacy legal in California?

Yes. California law permits compensation for surrogates, provided that the agreement follows all legal requirements. California also supports surrogacy arrangements between family and friends.

Can LGBTQ+ individuals or single parents pursue surrogacy?

Yes. California law grants equal access to surrogacy for all individuals, regardless of sexual orientation or marital status.

What is a pre-birth parentage order?

A pre-birth parentage order is a court-issued judgment that establishes the intended parents as the legal parents before the child is born.It allows their names to be placed directly on the baby’s birth certificate, without the need for post-birth adoption or additional legal steps. This order confirms that the surrogate, while playing a crucial role in carrying the pregnancy, holds no parental rights or responsibilities. It provides legal security, simplifies hospital procedures, and ensures that the intended parents can make decisions for their child from the moment of birth.

Do surrogacy agreements from other states count in California?

It depends. California courts may recognize out-of-state agreements if they meet California’s legal standards. Legal review by a California attorney is essential.

Why is California considered a surrogacy-friendly state?

California has one of the strongest legal foundations for surrogacy in the United States. Its laws are detailed. Legal and medical professionals understand the full process, and the system supports all family types.